Coverage

I have a client semi driver who was rear-ended by a co-employee. Can he access his own UM even though he can’t assert a claim against his co-employee?

Answer: Yes. See:Barfield v. Barfield, 1987 OK 72, 742 P.2d 1107 andTorres v. Kansas City Fire and Marine Ins. Co.,1993 OK 32, 849 P.2d 407 (one whose claim against the tort-feasor is barred by the exclusive remedy of the Workers' Compensation Act can nevertheless recover UM benefits.)